redcolours
07-12-2006, 07:31 AM
YES!!!!!
Heres the long story:
I went to a birthday celebration of a couple of friends (both had their bdays the same week), and we gathered at a local PJ whelihan's pub. FRom 8:30PM to 1:30AM, i had 3 draft beers. I was driving by myself, i know i CANT drive loaded, so i didnt drink a lot. Keep this in mind, i drank THREE draft beers.
At about 2AM we left, and as soon as i made the turn not 200 yards from the pub, i was pulled over for what the cop said was a busted right tail light. The cop shines his flashlight in my eye and asks me to get out of the car. He proceeded to give me a field sobriety test. I did the eye test, walk and turn test, and the balance test. The cop himself said i did good on the walk test and the balance test, but he said " the eyes dont lie", and he thinks im a .1. He proceeds to HANDCUFF ME, and puts me in the backseat of his patrol car, and takes me to what he kept referring to as "the box".
He takes me to their precinct, and where i think is the holding cell. No bars, just a bench with handcuffs with chains stuck to the floor. There he processed his paperwork, and prepped the breathalyzer unit. I had to blow in it 3 times. The verdict? .03. The legal limit? .08. NJ Law doesnt consider you drunk til you reach .05.
And i wasnt drunk. I was alert the whole time. FRom the time i got out of the pub, thru teh tests, to "the box". I was sitting upright. i wasnt swaying, i wasnt sleepy-looking. I wasnt slurring my words. And i answered straight any questions he asked. I was looking around while seated (what else is tehre to do?).
But he STILL proceeds to write me up a DWI ticket. On top of that he tickets me for the tail light being out, AND adds a THIRD ticket for RECKLESS DRIVING.
3 tickets. The reckless driving is over $400 in fines, and a 4points on a NJ license (12 points and youre suspended), and your insurance rates go up. DWI is worse - 3 months license suspension, over $1000 in fines, and i have to go to some DWI school.
!!!!!!!!!!
Anyways, i was cool the whole time, and i really didnt feel panic or tense. I knew i didnt commit any crime. I had 3 drinks (watery!), i was alert, and even the breathalyzer tests prove I WASNT DRUNK. My friends Candie and Steve (one of the birthday celebrants) came and picked me up. I spent the night at their place so they can drive me to get my car back (it was impounded). Thanks guys!
Fast forward to Tuesday yesterday. I got a lawyer to represent me 2 weeks ago, and we sort of "plea bargained" (apparently DWIs cant be plea bargained). Either we hash it out with a long drawn out court trial, or we forward the case to the prosecution with our alternative. Throw out the DWI and the broken tail light, and reduce the reckless driving to careless driving (2 points, $107 fine, insurance premium dont go up). We had a strong case with the .03 test, regardless of what the police officer wrote (and you should read what he wrote! ha ha! ill post it when i get my copy). The judge agreed, and confirmed it with the prosecution, and the gavel came down.
total fine with court fees: $140. (YES!!!!!!)
Ok, so i didnt come out totally free, but the ruling was far better than what i expected. And it took not more than 8 minutes to get it all done!
Reality check i found out: The courts as much as we want to hold it in high regard (as in free from commerce), seems to need money too. ANd the alternative we proposed is suitable enough for them. We HAVE to give them something to chew on. Fine, lets just get it done and over with, im my opinion. Less hurt for me, the better.
The lesser of two weevils. :P
impound fees: $***.
Retainer for a lawyer: $***.
Court fines and fees for a reduced violation: $***.
Getting your DWI thrown out with the original reason why you got pulled over: PRICELESS.
SO now im broke broke broke. i think i just overdrawn my checking account too...
Lots of firsts for me: first time i ever got handcuffed (and it wasnt even the kinky kind!!), first time i ever got put in the backseat of a patrol car. First time i ever had to do a breathalyzer test. First time i ever needed to go on trial with a lawyer.
i hope those are the LAST times too.
except maybe the handcuffs. on a BETTER situation. ;) ha ha!
Heres the long story:
I went to a birthday celebration of a couple of friends (both had their bdays the same week), and we gathered at a local PJ whelihan's pub. FRom 8:30PM to 1:30AM, i had 3 draft beers. I was driving by myself, i know i CANT drive loaded, so i didnt drink a lot. Keep this in mind, i drank THREE draft beers.
At about 2AM we left, and as soon as i made the turn not 200 yards from the pub, i was pulled over for what the cop said was a busted right tail light. The cop shines his flashlight in my eye and asks me to get out of the car. He proceeded to give me a field sobriety test. I did the eye test, walk and turn test, and the balance test. The cop himself said i did good on the walk test and the balance test, but he said " the eyes dont lie", and he thinks im a .1. He proceeds to HANDCUFF ME, and puts me in the backseat of his patrol car, and takes me to what he kept referring to as "the box".
He takes me to their precinct, and where i think is the holding cell. No bars, just a bench with handcuffs with chains stuck to the floor. There he processed his paperwork, and prepped the breathalyzer unit. I had to blow in it 3 times. The verdict? .03. The legal limit? .08. NJ Law doesnt consider you drunk til you reach .05.
And i wasnt drunk. I was alert the whole time. FRom the time i got out of the pub, thru teh tests, to "the box". I was sitting upright. i wasnt swaying, i wasnt sleepy-looking. I wasnt slurring my words. And i answered straight any questions he asked. I was looking around while seated (what else is tehre to do?).
But he STILL proceeds to write me up a DWI ticket. On top of that he tickets me for the tail light being out, AND adds a THIRD ticket for RECKLESS DRIVING.
3 tickets. The reckless driving is over $400 in fines, and a 4points on a NJ license (12 points and youre suspended), and your insurance rates go up. DWI is worse - 3 months license suspension, over $1000 in fines, and i have to go to some DWI school.
!!!!!!!!!!
Anyways, i was cool the whole time, and i really didnt feel panic or tense. I knew i didnt commit any crime. I had 3 drinks (watery!), i was alert, and even the breathalyzer tests prove I WASNT DRUNK. My friends Candie and Steve (one of the birthday celebrants) came and picked me up. I spent the night at their place so they can drive me to get my car back (it was impounded). Thanks guys!
Fast forward to Tuesday yesterday. I got a lawyer to represent me 2 weeks ago, and we sort of "plea bargained" (apparently DWIs cant be plea bargained). Either we hash it out with a long drawn out court trial, or we forward the case to the prosecution with our alternative. Throw out the DWI and the broken tail light, and reduce the reckless driving to careless driving (2 points, $107 fine, insurance premium dont go up). We had a strong case with the .03 test, regardless of what the police officer wrote (and you should read what he wrote! ha ha! ill post it when i get my copy). The judge agreed, and confirmed it with the prosecution, and the gavel came down.
total fine with court fees: $140. (YES!!!!!!)
Ok, so i didnt come out totally free, but the ruling was far better than what i expected. And it took not more than 8 minutes to get it all done!
Reality check i found out: The courts as much as we want to hold it in high regard (as in free from commerce), seems to need money too. ANd the alternative we proposed is suitable enough for them. We HAVE to give them something to chew on. Fine, lets just get it done and over with, im my opinion. Less hurt for me, the better.
The lesser of two weevils. :P
impound fees: $***.
Retainer for a lawyer: $***.
Court fines and fees for a reduced violation: $***.
Getting your DWI thrown out with the original reason why you got pulled over: PRICELESS.
SO now im broke broke broke. i think i just overdrawn my checking account too...
Lots of firsts for me: first time i ever got handcuffed (and it wasnt even the kinky kind!!), first time i ever got put in the backseat of a patrol car. First time i ever had to do a breathalyzer test. First time i ever needed to go on trial with a lawyer.
i hope those are the LAST times too.
except maybe the handcuffs. on a BETTER situation. ;) ha ha!